MTN Limitd v Katamba (Civil Miscellaneous Application No. 4 of 2021)
Observed later treatment
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Holding
Application for extension of time to file surrejoinder dismissed. Court held that extension of time can only be granted where sufficient reason is shown for delay. Applicant filed application one year and five months after the rejoinder without providing any justification for the delay. Application struck out with costs to respondent.
Outcome
Application struck out with costs to respondent
Facts
MTN Uganda Limited filed an application seeking extension of time to file a surrejoinder to the respondent's memorandum in rejoinder. The respondent had filed the rejoinder on 15 August 2019. The applicant claimed the rejoinder raised new matters requiring response. The respondent opposed the application, stating it was filed one year and five months after the rejoinder and was intended to delay disposal of the underlying labour dispute. The applicant provided no explanation for the delay in filing the application.
Issues
- Whether time should be enlarged for filing the application.
- Whether leave should be granted to file a surrejoinder to the respondent's memorandum in rejoinder.
Orders
- Extension of time within which to file this application is disallowed.
- Application is struck out.
- Costs of this application shall be payable to the respondent.
Rules and key headnotes
Legislation cited (7)
Cases cited (1)
- James Bwogi v KCCA and Kampala District Land Board (Supreme Court Application No. 9 of 2017)
Cases citing this judgment (1)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.